Cop Shows, 'no Evidence'
I accompanied a friend to court, to see how things would go. He was in the same situation. Had asked twice for disclosure, none provided. My friend was actually tired of the process, age 60-something, perfect driving record, and was actually willing to plead to a lesser charge that would have dropped him from 3 to 0 points (for an amber light turn, not for speeding). The prosecutor had made him the offer the previous time but this time said she couldn't make an offer without consulting the officer (which struck me as possible retribution, as the prosecutor was rather snarky in tone).
In court, the officer actually showed up, at the very last minute. We could see him talk to the prosecutor as court was going into session. My friend was soon called and was prepared to plead NOT guilty and again request disclosure when the prosecutor said something to the judge neither of us couldn't hear, and the judge immediately said 'No evidence, charge withdrawn'.
The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
Re: Cop Shows, 'no Evidence'
Politzky wrote: The cop was there. Is it likely there was no evidence because he never bothered to take any notes? No disclosure because there were no notes to disclose?
I'll guess that the prosecution misplaced the disclosure. There are so many cases the disclosure might have inadvertently been filed for trial on another day and not in the pile for today.
That's possible, but when my friend signed in out in front of the courtroom, the prosecutor told her she'd talk with the officer beforehand; and she implied that disclosure could be a simple matter of the officer showing my friend his notes, which - in her words - might be as simple as 'motorist proceeded to turn on an amber light.
Now, my gut told me this was nonsense. My friend contends he started on the turn when it was green, and that it turned amber in the course of the turn. I actually believe my friend - an extremely cautious driver - and have been in similar situations myself. If I were standing trial I'd want more detail than the prosecutor talked about. Like where the officer was positioned, how far away, where exactly was the target car when the light turned amber, and such. I assume such details would matter in a trial situation.
-
- Similar Topics
-
-
New post What if cop shows up but witnesses don't
by jimm in Careless DrivingLast post by jsherk Thu Sep 01, 2016 5:13 pm
-
-
-
New post Exhaust Flame (for Shows ONLY) What is the law?
by pirish in General TalkLast post by pirish Tue Jul 15, 2014 8:50 pm
-
-
-
New post What shows up when police run your license plate?
by 12345 in General TalkLast post by 12345 Thu Nov 13, 2014 6:06 pm
-
-
-
New post Payment made 4 days late, but able to pay and shows as active. Am I ok?
by Sarahcath in General TalkLast post by daggx Mon Mar 25, 2019 10:27 pm
-
-
-
New post Affidavit Evidence?
by Hyrulian in General TalkLast post by highwaystar Thu Dec 25, 2014 8:26 pm
-
-
-
New post Can EVIDENCE be destroyed by a COP ?
by ticket123 in General TalkLast post by Simon Borys Wed Jan 04, 2012 7:40 pm
-
-
-
New post Analyzing video evidence
by Thinker in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalLast post by jsherk Sun Sep 04, 2016 8:39 am
-
-
-
New post dash cams / evidence etc
by bobajob in General TalkLast post by CumminsDiesel Sat May 10, 2014 6:43 pm
-
Who is online
Users browsing this forum: No registered users and 3 guests